The Deferred Action for Childhood Arrivals (DACA) program could be reopened after a four-year freeze. This would have significant implications for employers, employees, and overall I-9 compliance. DACA provides work authorization and deportation protection to young immigrants who arrived in the U.S. as children, enabling them to legally work. With the program’s resumption, thousands of eligible immigrants can apply for work permits, directly affecting employment verification processes for U.S. businesses.
Employer Impact from the DACA Program
For employers, this means a renewed responsibility to correctly manage I-9 forms for these individuals. The Employment Authorization Document (EAD) issued under DACA is accepted as a List A document on Form I-9, which establishes both identity and work eligibility. Employers must accept these EADs without requesting additional documentation or subjecting DACA employees to heightened scrutiny, as doing so could violate anti-discrimination laws. Accurate and timely I-9 completion ensures legal compliance, helps avoid costly fines, and minimizes risks related to audits by Immigration and Customs Enforcement (ICE).
Employee Impact from the DACA Program
Employees who benefit from the DACA program gain renewed legal work status. This allows them to engage fully in the workforce without the fear of sudden loss of employment authorization. Supportive employer policies, such as helping pay DACA renewal fees or providing flexibility for immigration-related appointments, can foster loyalty and reduce turnover. The program’s reopening is particularly impactful in states like Texas, where many DACA recipients continue to work legally under court orders despite previous restrictions.
The resumption of DACA may signal an increase in the pool of legally authorized workers. Employers should proactively update their I-9 compliance training and audit processes to integrate new guidance related to DACA and avoid inadvertent discrimination or documentation violations. Efficient handling of re-verifications and new hires with DACA status will help maintain a compliant workforce while offering an opportunity for employers seeking ways to embrace diversity and inclusion.
The reopening of DACA applications will be positive step for certain employees by enabling continued lawful employment, while it also affecting employer compliance responsibilities under the Form I-9 framework. Employers should recognize the importance of adapting their hiring and HR policies to reflect these changes, ensuring both legal compliance and support for their DACA workforce.
